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PURPOSE AND JURISDICTION
The purpose of this chapter is to provide for the harmonious development of the City and adjacent territory by establishing appropriate standards for streets, blocks, lots, utilities, and other improvements, by promoting coordination with existing developments, and by establishing procedures and conditions for the approval of subdivisions of land, all in the interest of the health, safety, and general welfare of the community.
The provisions of these regulations shall apply to all land being divided for the creation of lots or parcels for subsequent sale or transfer located within the legal boundaries of the City, and the same as may be amended by subsequent annexation, and shall also include all land within an area extending two miles beyond the City limits other than for agricultural purposes. This chapter applies to all plats, corrections or modifications of plats, and vacations submitted after the date of adoption of the ordinance codified in this chapter. This chapter applies to a subdivision consistent with existing law, within a plat, which was recorded after the initial adoption of the ordinance codified in this chapter on February 26, 1967.
The terms of this chapter shall be controlling, unless other regulations, ordinances, deed restrictions, covenants, or easements are more restrictive, in which case, the most restrictive provisions shall control, unless those provisions are illegal or unconstitutional. Reference numbers to the Code of Iowa sections are those in effect on the day of the adoption of this chapter. Future changes in the numbering of the Code of Iowa sections are intended to be incorporated herein by reference without future amendment of this chapter. Amendments to the Code of Iowa sections which are the same or substantially similar to those in effect on the date of the adoption of this chapter are incorporated by this reference. These Code of Iowa references are for the convenience and continuity of enforcement and shall in no event be construed to make this chapter (or any part thereof) invalid.
The following subdivisions of land, transactions, or conveyances shall be exempt or partially exempt from the provisions of this chapter and except as required by the Code of Iowa:
1. The division of land into burial lots in a cemetery.
2. The division of land where all new lots or parcels are utilized for agricultural purposes, all of which are 35 acres or more in area, which have 300 feet or more of street or road frontage, and which do not involve the creation of any new street or road, easement, or other dedication of any kind required by this chapter.
3. The public acquisition of land, or an easement for the addition of a street or other public works installation. The acquisition plat utilized shall be exempt and comply with the submission of items as required in Chapter 354.4[3] through [5] of the Code of Iowa.
5. Plat of Survey for, and or written description, of easements for public utilities utilization.
6. Documents and plats filed for corrections on recorded plats and re-plat of Official Plats shall utilize only those procedures required to process the affidavits, petitions, or plats as outlined in Chapter 354.24 through 354.26 of the Code of Iowa.
7. Retracement Plat of Survey.
8. Other situations as determined appropriate by the City.
This chapter shall apply to the subdivision of, and subdivision plats prepared for, any land located outside of the corporate limits of the City and included within two miles thereof. The regulation of subdivisions in this extraterritorial area is as authorized by Sections 354.8 and 354.9 of the Code of Iowa.
DEFINITIONS
The following definitions shall apply for purposes of this chapter in addition to or instead of the definitions in Sections 354 and 355 of the Code of Iowa. The word “ building “ shall include the word “structure.”
1. “Acquisition plat” means the graphical representation of the division of land or rights in land, created as the result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having the power of eminent domain.
2. “Aliquot plat” means a fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one quarter, or one-quarter of one-quarter shall be considered an aliquot part of a section.
3. “Auditor’s plat” means a subdivision plat required by either the auditor or the assessor, prepared by a surveyor under the direction of the auditor.
4. “Board” means the Board of Supervisors for Washington County, Iowa.
5. “Book, list, record, or schedule kept by a County auditor, assessor, treasurer, recorder, sheriff, or other County officer” means the County system as defined in Section 445.1 of the Code of Iowa.
6. “Building Line” means a line established on a plat as a restrictive covenant, beyond which no building may be placed. The building lines need not correspond to the front, side, or rear yard requirement established in the Zoning Code, and where they do not, the most restrictive requirement will control.
7. “Commission” means the City Planning and Zoning Commission.
8. “Comprehensive Plan” means a plan adopted or used by the Commission and/or Council for the guidance of growth and improvements of the City and it’s planning areas, including modifications or refinement which may apply over time.
9. “Conveyance” means an instrument filed with a recorder as evidence of the transfer of title to land, including any form of deed or contract.
10. “Council” means the City Council.
11. “County” means Washington County, Iowa.
12. “Division” means dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than a public highway easement, shall not be considered a division for the purposes of this chapter.
13. “Easement” means authorization by a property owner for the use by another person or entity, and for a specified purpose, of any designated part of his property.
14. “Flood Hazard Area” means any area subject to flooding by a one percent probability flood, otherwise referred to as a 100-year flood or base flood, as designated on an adopted FIRM (Flood Insurance Rate Map) published by the Federal Emergency Management Agency or as designated by the Iowa Department of Natural Resources.
15. “Forty-acre aliquot part” means one-quarter of one-quarter of a section.
16. “Governing lot” means a tract within a section which is normally described by a lot number, as represented and identified on the township plat of the United States public land survey system.
17. “Improvements” means pavement, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs, plantings, and other items for the welfare of the property owners and the public.
18. “Lot” means a tract of land represented and identified by number or letter designation on an official plat. A lot is at least sufficient size to meet minimum zoning requirements for use, coverage, and area to provide such yards and other open spaces as are required. Such lot shall have frontage on a public street or private street and may consist of: (i) a single lot of record; (ii) a portion of a lot of record; (iii) a combination of complete lots of record or of portions of lots of record; and (iv) a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter or any ordinance of the City.
A. Lot Terms:
(1) “Lot area” means the total horizontal area within the lot lines of a lot.
(2) “Lot, minimum area of” means the smallest lot area established by the Zoning Ordinance on which a use or structure may be located in a particular district.
(3) “Lot, frontage” means the length of the front line measured at the street right-of-way line.
(4) “Lot line” means a line of record bounding a lot, which divides one lot from another lot or from a public or private street or any other public space.
B. Lot Types:
(1) “Lot, corner” means a lot abutting upon two or more streets at their intersections.
(2) “Lot, double frontage” means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
(3) “Lot, flag” means an interior lot with the major area located behind other lots and with a narrow stem of land, used exclusively for access purposes, extending to a public street.
(4) “Lot, interior” means a lot other than a corner lot.
(5) “Lot, outlot” means the identified area of a subdivision plat that is reserved or set aside for some purpose other than new building construction or public street use and does not meet the minimum lot size requirements.
19. “Metes and bounds description” means a description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land.
20. “Official plat” means either an auditor’s plat or a subdivision plat that meets the requirements of Chapter 354 of the Code of Iowa and has been filed for record in the offices of the Recorder, Auditor, and Assessor.
21. “Parcel” means a part of a tract of land.
22. “Performance guarantee” means a surety or cash deposit, made out to the City in an amount equal to the full cost of the improvements, which is required by these regulations.
23. “Permanent Real Estate Index Number” means a unique number or combination of numbers assigned to a parcel of land pursuant to Section 441.29 of the Code of Iowa.
24. “Plat of survey” means the graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, and prepared by a registered land surveyor.
25. “Property line adjustment” means a division of one or more lots or parcels that meets the following criteria: (i) no additional lots or parcels shall be created; (ii) no part of the divided lot or parcel will be transferred to anyone but the owner or owners of a lot or parcel of land abutting that part of the divided lot or parcel of land to be transferred; and (iii) no adjusted lot or parcel shall conflict with the Zoning Ordinance or this chapter.
26. “Proprietor” means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding a mortgage, easement, or lien interest.
27. “Roadway” means the wearing or exposed surface of the street right-of-way used by vehicular traffic. The pavement width is measure from the back of the curb on one side to the back of the curb on the other side.
28. “Resubdivision” means a change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line, or if such a change affects any map or plan legally recorded prior to February 26, 1967.
29. “Street” means a right-of-way dedicated to and accepted for the public use which affords the principal means of access to abutting property.
A. “Alley” means any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.
B. “Arterial street” means a street intended for cross-town or through traffic.
C. “Collector street” means a street intended to carry vehicular traffic from residential streets to arterial streets.
D. “Cul-de-sac” means a short minor street having one end open to motor traffic and the other end being permanently terminated by a vehicular turn-around.
E. “Residential street” means a street used primarily for access to abutting property.
30. “Street right-of-way” means the area measured between property lines dedicated to, and accepted for, public use, and providing access to abutting properties.
31. “Subdivider” means any person, firm, corporation, partnership, or association who shall cause to be created, for the purpose of sale or development, any subdivision or part thereof as defined herein.
32. “Subdivision” means the accumulative effect from the repeated or simultaneous dividing of a tract, lot or parcel of land from those plats as of February 26, 1967, into two or more lots, including the remaining portion of the original lot, for the purpose of immediate or future sale, transfer, lease, or building development. The term, when appropriate to the context, may refer to the process of subdivision or resubdivision or to the land subdivided.
A. “Major subdivision” means all subdivisions not classified as minor subdivisions, but not limited to any size subdivision requiring any new public or private street, extension of City public services or facilities, or the creation of any public improvements.
B. “Minor subdivision” means any subdivision that creates not more than four lots, including the remaining portion of the original parcel, fronting an existing street, not involving any new public street or road extension or the extension of municipal facilities or the creation of any improvements or the dedication of lands to the City, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provisions of the Comprehensive Plan, Zoning Ordinance or this chapter.
C. “Non-residential subdivision” means a subdivision, the intended use of which is other than residential, such as a commercial or industrial use. Such subdivision shall comply with the applicable provisions of this chapter.
33. “Subdivision plat” means the geographical representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the County where the land is located.
A. “Minor plat” means a plat replacing the preliminary and final subdivision plats (in the case of a minor subdivision) to enable the subdivider to efficiently reach a general agreement as to the form of the plat and the objectives of this chapter and, when approved by the Council, filed with the County Recorder.
B. “Preliminary plat” means the initial map or drawing indicating the proposed manner or layout of a major subdivision submitted for approval prior to the installation of any improvements and dedication of the same to the City.
C. “Final plat” means the final map or plan on which the subdivision of land is presented in the form which, if found compliant with this chapter and approved by the Council, is filed with the County Recorder.
34. “Surveyor” means a registered land surveyor who engages in the practice of land surveying pursuant to Chapters 355 and 542B of the Code of Iowa.
35. “Tract” means an aliquot part of a section, a lot within an official plat, or a government lot.
36. “Watercourse” means any lake, river, creek, ditch, or other body of water or channel having definite banks and bed with water flow or the occurrence of water, except lakes or ponds without outlet to which only one landowner is riparian. Watercourse does not include water flow or the occurrence of water in a terrace, grassed waterway, solids settling basin, road ditch, areas subject to rill erosion, or other similar areas.
37. “Zoning Administrator” means the administrative officer designated or appointed by the Council to administer or enforce the regulations contained in this chapter.
PLATTING CLASSIFICATION AND PROCEDURES
To aid the owner or subdivider in the process of efficiently preparing the plat and documentation necessary for the submission, review, and approval of an application, the following procedures are provided:
1. Pre-Application Conference and Sketch Plan. Prior to the preparation of any plat for the subdivision of land, the owner or subdivider shall prepare a sketch plan and general written outline of the proposed subdivision and shall meet informally with the Zoning Administrator and other City officials as needed to discuss the general details for the proposed subdivision. The purpose of the meeting shall be to inform and provide documents to the subdivider and planning engineer concerning the procedures and regulations of this chapter, the Zoning Ordinance, Comprehensive Plan, major street plans, and any specific design requirements.
A. No fee is charged for the pre-application meeting.
B. The assistance and suggestions provided at the pre-application conference shall not be binding upon the subsequent review and consideration of the subdivision plats.
2. Plat and Application Submission. The plat, application and any additional items shall be submitted at least 30 days prior to the scheduled regular meeting of the Commission at which the consideration of the application is planned.
A. The plat and application submission shall be considered as officially accepted after it has been examined by the Zoning Administrator and found to contain all the information and items essential for review.
B. The Administrator may, in writing, waive specific informational items requested for the review process by this chapter upon finding that said information is not needed for evaluation of the application.
3. Professional Assistance. The Council and Commission may request such professional assistance as it deems necessary to properly evaluate the submitted plat and application.
4. Monuments. Permanent monuments shall be placed at each corner and angle point of the lots and parcels as required by Section 355.6 of the Code of Iowa, and at each corner and angle point referenced by the legal description traversing to the Point of Beginning shall be:
A. The permanent monument solidly embedded in the ground shall be a minimum size of one-half inch diameter and 30 inches long, and capable of being detected by commonly used magnetic or electronic equipment.
B. Approved alternate monuments include:
(1) Scribed “X” in concrete surfaces.
(2) P-K nail, mag, Nail, or other magnetic item in concrete, wood, or asphalt surface.
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